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Key decisions

  • Yasmin v Attorney-General of the Commonwealth of Australia [2015] FCAFC 145
  • Hudson v Sigalla [2015] FCAFC 140
  • Vata-Meyer v Commomwealth of Australia [2015] FCAFC 139
  • National Tertiary Education Union v La Trobe University [2015] FCAFC 142
  • Brown v Minister for Immigration and Border Protection [2015] FCAFC 141

Administrative law

Delegable powers of the federal Attorney-General – referral of petition for mercy to state court

In Yasmin v Attorney-General of the Commonwealth of Australia [2015] FCAFC 145 (21 October 2015) a Full Court concluded that the Attorney-General (Cth) was under a duty under the combined effect of s 68(1) of the Judiciary Act 1903 (Cth) and s 140 of the Sentencing Act 1995 (WA) to consider a request to refer a petition for mercy to the Court of Appeal in relation to a juvenile people smuggler. The Court also brought to the attention of the parties the provisions of s 17 of the Law Officers Act 1964 (Cth) that operated to allow the Attorney to delegate the power under s 140 of the Sentencing Act.

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